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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 18, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court Goyang Branch on July 18, 2008 and a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on May 3, 2010.
Although the Defendant had a alcohol driving force twice or more as above, on January 28, 2017, the Defendant driven BS test under the influence of alcohol content of about 0.085% from the 5km section of alcohol to the front road of the new valley located in the new male located in the new malle in the Si/Eup/Myeon in the same city, where the name of the long-term Dong located in Gyeonggi-si, Kimpo-si cannot be known.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though he/she could have been punished for drinking driving, again committed the crime of this case.
However, among the blood of this case, the alcohol concentration level was not high, and all of the previous records of driving alcohol was punished by a fine.
In addition, the punishment as ordered shall be determined by taking into consideration the circumstances of drinking driving, distance, and all other circumstances.